Next door's workman damaged my car
Discussion
I've no idea if this is the right section of the forum, hopefully it won't become an issue for the law, but...
Next door has been having some work done on his roof and last Thursday a ladder fell off the top of some scaffold onto my car, scratching and denting my bonnet and wing.
I was at home at the time and heard the crash so went outside to speak to the two guys doing the work, the one who dropped the ladder was apologetic and said he would pay for the damage if I got a quote for the repair, so far no problem, accidents happen and I'm not going to get angry about it if you're going to pay. He said he was working as a sole trader and I took his address and phone number.
Later the same afternoon they knocked on my door again asking what colour the car was, saying they thought they'd found another bonnet in the right colour
This is when I realised things were not going to be straightforward. Soon after that, they knocked again to say they'd spoken to the scaffolder and he was going to pay since he hadn't put the scaffold up properly and he would be here in the morning to sort it out.
Friday comes and goes, no sign of the scaffolder... "he'll be here on Monday"
Over the weekend I speak to my neighbour about it as he has not been at home and unaware of what's happened. He said he owes them a final payment and would withhold this from them until it's sorted, but my fear is that they will just disappear without completing the work for him. My neighbour has already payed them one instalment and there is work still to do, although I'm not sure what kind of sums we're talking. It's obviously a bit of an awkward one because I don't want to lay blame and involve my neighbour since it's not really his fault, aside from employing this pair of idiots.
So it's now Tuesday, they keep coming back sporadically to tell me the scaffolder will be here in X hours/days to sort it out. Incidentally, they are not happy with him for sending them up this death-trap scaffold in the first place and they don't seem to be doing any further work on the roof - I'm guessing they're waiting for the scaffold to be fixed.
The quote to put my car right is £480. Do I have any hope of getting this money off any of them, and is there a sensible way to pursue this if not?
Is it going to be one of those where it just ends up easier coming out of my pocket?
To add one other twist, I'm moving house at the end of this week, so relations with the neighbour aren't overly important, but it does mean I might not be around when the scaffolder does finally come back.
Next door has been having some work done on his roof and last Thursday a ladder fell off the top of some scaffold onto my car, scratching and denting my bonnet and wing.
I was at home at the time and heard the crash so went outside to speak to the two guys doing the work, the one who dropped the ladder was apologetic and said he would pay for the damage if I got a quote for the repair, so far no problem, accidents happen and I'm not going to get angry about it if you're going to pay. He said he was working as a sole trader and I took his address and phone number.
Later the same afternoon they knocked on my door again asking what colour the car was, saying they thought they'd found another bonnet in the right colour
This is when I realised things were not going to be straightforward. Soon after that, they knocked again to say they'd spoken to the scaffolder and he was going to pay since he hadn't put the scaffold up properly and he would be here in the morning to sort it out.Friday comes and goes, no sign of the scaffolder... "he'll be here on Monday"
Over the weekend I speak to my neighbour about it as he has not been at home and unaware of what's happened. He said he owes them a final payment and would withhold this from them until it's sorted, but my fear is that they will just disappear without completing the work for him. My neighbour has already payed them one instalment and there is work still to do, although I'm not sure what kind of sums we're talking. It's obviously a bit of an awkward one because I don't want to lay blame and involve my neighbour since it's not really his fault, aside from employing this pair of idiots.
So it's now Tuesday, they keep coming back sporadically to tell me the scaffolder will be here in X hours/days to sort it out. Incidentally, they are not happy with him for sending them up this death-trap scaffold in the first place and they don't seem to be doing any further work on the roof - I'm guessing they're waiting for the scaffold to be fixed.
The quote to put my car right is £480. Do I have any hope of getting this money off any of them, and is there a sensible way to pursue this if not?
Is it going to be one of those where it just ends up easier coming out of my pocket?
To add one other twist, I'm moving house at the end of this week, so relations with the neighbour aren't overly important, but it does mean I might not be around when the scaffolder does finally come back.
The scaffolders I've seen usually have their details emblazoned on a sign on the scaffold. Take the worry out of missing him by contacting him first, may even have a web address and email on it so you have a record.
Don't think I'd be happy with " We think we've found a bonnet in the right colour" from a couple of roofers.
Don't think I'd be happy with " We think we've found a bonnet in the right colour" from a couple of roofers.
Sounds like an arse.
The scaffolding might have a tag on it, else the poles might be marked up with a paint pattern someone local would notice, and or you can wait till they take it down and see whats on the truck!
However given it wasnt them tha dropped the ladder, I dont think you will get much out of them. Its the workmen who did the damage I would be going after.
The cost or repair appears reasonable and or cheap. If the bonnet is dented a used one of the right colour is probably the right way to go, even if it then needs a blow over with the wings on top.
Daniel
The scaffolding might have a tag on it, else the poles might be marked up with a paint pattern someone local would notice, and or you can wait till they take it down and see whats on the truck!
However given it wasnt them tha dropped the ladder, I dont think you will get much out of them. Its the workmen who did the damage I would be going after.
The cost or repair appears reasonable and or cheap. If the bonnet is dented a used one of the right colour is probably the right way to go, even if it then needs a blow over with the wings on top.
Daniel
Chris32345 said:
L_G said:
Your neighbour is ultimately responsible for his contractors, therefore if they are unwilling to settle directly with you he should recompense you and then seek to recover that cost from them.
No he really isn'thttps://en.wikipedia.org/wiki/Vicarious_liability_...
L_G said:
Chris32345 said:
L_G said:
Your neighbour is ultimately responsible for his contractors, therefore if they are unwilling to settle directly with you he should recompense you and then seek to recover that cost from them.
No he really isn'thttps://en.wikipedia.org/wiki/Vicarious_liability_...
I think you need to consider whether you'd prefer to pay for it yourself or claim on your insurance, it sounds very much like ultimately they will be your options. This is what your insurance is for, so personally I'd claim and get on with it. If the scaffolder comes up with £480, or something less, treat it as a goodwill gesture for your inconvenience. I think it unlikely though, in all honesty.
L_G said:
Chris32345 said:
L_G said:
Your neighbour is ultimately responsible for his contractors, therefore if they are unwilling to settle directly with you he should recompense you and then seek to recover that cost from them.
No he really isn'thttps://en.wikipedia.org/wiki/Vicarious_liability_...
Trying to find a clear definition of employer in Uk law does however seem to be an issue.
worsy said:
L_G said:
Chris32345 said:
L_G said:
Your neighbour is ultimately responsible for his contractors, therefore if they are unwilling to settle directly with you he should recompense you and then seek to recover that cost from them.
No he really isn'thttps://en.wikipedia.org/wiki/Vicarious_liability_...
This is not controversial.
DaveH23 said:
If only there was a product we legally had to pay for to cover us in the event of accidental damage such as this.
trademens insurance?why claim on own and get stiffed for the next 5 years?
would the chap next door settle the bill for repairs and withhold it from their payment? that way it keeps things nice between you and him and he is already in a position to hold thier money back
Edited by steveo3002 on Tuesday 21st September 14:13
Exactly - this is what PL insurance is for; if they don't want to claim (possibly because they don't have it) then that's for them to suck up.
I've put up plenty of scaffolding over the years, and had scaffolders and builders put up scaffolding, and never has a ladder (or other part of the scaffold) been dropped. Sure, the odd tool or similar has fallen from scaffold, but dropped within a foot or so of the footprint of the scaffolding. Dropping a ladder suggests they don't know what they're doing - plenty of "builders" out there are really labourers who think they've seen enough that they qualify as a builder now. That's not the OPs fault, so why should he shoulder the burden?
I've put up plenty of scaffolding over the years, and had scaffolders and builders put up scaffolding, and never has a ladder (or other part of the scaffold) been dropped. Sure, the odd tool or similar has fallen from scaffold, but dropped within a foot or so of the footprint of the scaffolding. Dropping a ladder suggests they don't know what they're doing - plenty of "builders" out there are really labourers who think they've seen enough that they qualify as a builder now. That's not the OPs fault, so why should he shoulder the burden?
gottans said:
OP, why did you leave your car adjacent to the scaffolding? This sort of situation is as predictable as the sun rising in the morning.
I hope you get a satisfactory resolution without upsetting neighbourly relations (too much).
Woohoo! I thought we weren't going to get a tI hope you get a satisfactory resolution without upsetting neighbourly relations (too much).
t attempting to blame the OP, but you came through in the end.L_G said:
worsy said:
L_G said:
Chris32345 said:
L_G said:
Your neighbour is ultimately responsible for his contractors, therefore if they are unwilling to settle directly with you he should recompense you and then seek to recover that cost from them.
No he really isn'thttps://en.wikipedia.org/wiki/Vicarious_liability_...
This is not controversial.
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